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Fred Carter v. Raymond Lawler

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 17, 2011

FRED CARTER,
PLAINTIFF
v.
RAYMOND LAWLER, CHARLES MITCHELL, ROBERT B. MACINTYRE, C/O DIFFIN AND C/O EBERLING, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 17th day of June, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 32), recommending that the plaintiff's proposed second amended complaint (Doc. 29) be stricken and defendants' motion to dismiss plaintiff's amended complaint (Doc. 19) be granted, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on May 24, 2011 (Doc. 37), and the court finding Judge Carlson's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Carlson's report, it is hereby ORDERED that:

1. The Report and Recommendation of the magistrate judge (Doc. 32) are ADOPTED.

2. Plaintiff's proposed second amended complaint (Doc. 29) is STRICKEN from the docket.

3. Defendants' motion to dismiss plaintiff's amended complaint (Doc. 19) is GRANTED.

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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